MOHD. ASHRAF Vs. STATE

JUDGEMENT

(1.) CRL.A. 1083/2016 The appellant Mohd. Ashraf impugns the judgment dated 9th August in Sessions Case No.17/12 arising out of FIR No.9/2012, under Section 21(c), 22(c) and 20(b)(ii)(C) of the NDPS Act, PS Special Cell, by which he has been held guilty under Section 21(c), 22(c) & 20(b)(ii)(C) NDPS Act and sentenced as under: <FRM>JUDGEMENT_105_LAWS(DLH)8_2017.html</FRM> The substantive sentences awarded to the appellant were ordered to run concurrently.

(2.) In brief the prosecution case is that on 3rd April, 2012 at about 12:30 PM secret information was received in the office of Special Cell/NR that the appellant Mohd. Ashraf, who was a drug supplier, would come at 4:30-5:00 PM from Jagat Cinema side to go towards Matia Mahal side via Jama Masjid, Gate No.1 to supply Heroin. The information was recorded vide DD No.11 and after apprising the Inspector, it was produced before the ACP, Special Cell along with the informer. Raiding party was constituted and efforts were made to join public witnesses but none agreed. After reaching Jagat Cinema naka bandi was done. At about 4:50 PM, appellant Mohd. Ashraf, who was identified by the secret informer, came with a black colour rexin bag and after walking towards Matia Mahal for about 100 mtr., waited for someone. After about 10 minutes he tried to call someone and thereafter proceeded towards Jama Masjid, Gate No.1 and was followed by the members of the raiding party. When he started taking hasty steps on seeing the members of the raiding team, he was apprehended at about 5:00 PM near National Guest House Jama Masjid. Again efforts were made to join public persons but none agreed. After compliance of Section 50 NDPS Act, the bag carried by him was searched and was found containing 1 kg. Heroin out of which two samples of 5 grms. each were separated and procedure regarding sealing and seizure was completed. Thereafter Rukka was sent for registration of the case and the sealed case property with FSL form was handed over for production before the SHO, PS Special Cell. SHO affixed his seal on all the pullandas and documents and also put the FIR number on the carbon copy of seizure memo. FSL form and all the pulandas were deposited with the MHCM.

(3.) Further investigation was handed over to SI Virender Tyagi. During interrogation, supplementary disclosure statement of the appellant was recorded wherein he had disclosed that 1 kg. of heroine, which was purchased by him from Mohd. Alam, was kept in his house No.18, A-Block, Gali No.1 near Tagore Public School, Dayalpur, Delhi. He also disclosed that 1.5 kg charas was also kept at his house which was given to him by Azad. The appellant further disclosed that on 4th April, 2012 at about 8.00 am Alam would come to Bhajanpura Chowk near Mazaar to deliver half kilogram of heroine and he would give money to Alam for the same. Another raiding party was constituted by SI Virender Tyagi and recovery was affected from Alam. Since Alam has expired and proceeding against him stands abated, it is not necessary to mention the details of the recovery made from Alam.